Lipson
Lipson v. State Bar
Opinion
Lead Opinion
—In this proceeding we consider the recommendation of the Review Department of the State Bar Court (review department) that petitioner Samuel Lipson be suspended from the practice of law for five years, that execution of his suspension be stayed, and that he be placed on probation for five years upon certain conditions including actual suspension from the practice of law for two years and payment of restitution. The recommendation is based on findings of fact and conclusions of law that petitioner borrowed money from two clients without complying with the Rules of Professional Conduct and misappropriated funds of one of those clients from his trust account. Petitioner has not repaid the loans, nor has he returned the misappropriated funds. Petitioner contends several of the review department’s findings of fact and conclusions of law are erroneous and the recommended discipline is excessive.
Although we disagree with some of the review department’s findings and conclusions, we accept its recommendation as to discipline, with the exception of the amount of restitution to be made as a condition of probation.
*1016 I. Findings and Conclusions